Congressional Record, Senate — September 29, 2022, S5877: SA 6348, Fairness for 9/11 Families
Summary
This is S5877 of the Congressional Record, Senate, September 29, 2022, with the end of an amendment text containing sections on portability of licensure and technical and conforming amendments to the Homeland Security Act of 2002. It then lists SA 6348, submitted by Mr. Menendez, for himself, Mr. Schumer, Mr. Blumenthal, Mrs. Gillibrand, Mr. Booker, and Mr. Murphy, intended to be proposed to amendment SA 5499 and to a bill to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, and ordered to lie on the table. The SA 6348 text is headed Fairness for 9/11 Families and amends section 404(d)(4)(C) of the Justice for United States Victims of State Sponsored Terrorism Act to provide for lump sum catch-up payments authorized by the Special Master.
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“Congressional Record, Senate — September 29, 2022, S5877: SA 6348, Fairness for 9/11 Families.”
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, SHA-256 14417278a8f51ef71301a4f6bf9a147a0794e0cd48425bfc05f4f7c94d653502.Full text
September 29, 2022 CONGRESSIONAL RECORD — SENATE S5877
needed by the board, agency, society, or or- quality assurance record of the Department (4) by redesignating sections 711, 712, and
ganization to perform licensing, shall not be civilly liable for that participa- 713 as sections 710, 711, and 712, respectively;
credentialing, or the monitoring of profes- tion or for providing that information if the (5) in section 1923(d)(3) (6 U.S.C. 592(d)(3))—
sional standards with respect to any health participation or provision of information was (A) in the paragraph heading, by striking
care provider who is or was a health care provided in good faith based on prevailing ‘‘HAWAIIAN NATIVE-SERVING’’ and inserting
provider for the Department. professional standards at the time the med- ‘‘NATIVE HAWAIIAN-SERVING’’; and
‘‘(D) To a hospital, medical center, or ical quality assurance program activity took (B) by striking ‘‘Hawaiian native-serving’’
other institution that provides health care place. and inserting ‘‘ ‘Native Hawaiian-serving’’;
services, if the medical quality assurance ‘‘(i) APPLICATION TO INFORMATION IN CER- (6) by striking the subtitle heading for sub-
record of the Department or testimony is TAIN OTHER RECORDS.—Nothing in this sec- title C of title XIX;
needed by the institution to assess the pro- tion shall be construed as limiting access to (7) in section 2306, as so redesignated by
fessional qualifications of any health care the information in a record created and section 5204 of this division—
provider who is or was a health care provider maintained outside a medical quality assur- (A) by inserting ‘‘PORTABILITY OF LICEN-
for the Department and who has applied for ance program, including the medical record SURE.’’ after ‘‘2306.’’; and
or been granted authority or employment to of a patient, on the grounds that the infor- (B) in subsection (a), by striking ‘‘(a) Not-
provide health care services in or on behalf mation was presented during meetings of a withstanding’’ and inserting the following:
of the institution. review body that are part of a medical qual- ‘‘(a) IN GENERAL.—Notwithstanding’’.
‘‘(E) To an employee, a detailee, or a con- ity assurance program.
tractor of the Department who has a need for ‘‘(j) PENALTY.—Any person who willfully SA 6348. Mr. MENENDEZ (for him-
the medical quality assurance record of the discloses a medical quality assurance record self, Mr. SCHUMER, Mr. BLUMENTHAL,
Department or testimony to perform official of the Department other than as provided in Mrs. GILLIBRAND, Mr. BOOKER, and Mr.
duties or duties within the scope of their this section, knowing that the record is a MURPHY) submitted an amendment in-
contract. medical quality assurance record of the De- tended to be proposed to amendment
‘‘(F) To a criminal or civil law enforce- partment shall be fined not more than $3,000
SA 5499 submitted by Mr. REED (for
ment agency or instrumentality charged in the case of a first offense and not more
under applicable law with the protection of than $20,000 in the case of a subsequent of- himself and Mr. INHOFE) and intended
the public health or safety, if a qualified rep- fense. to be proposed to the bill H.R. 7900, to
resentative of the agency or instrumentality ‘‘(k) RELATIONSHIP TO COAST GUARD.—The authorize appropriations for fiscal year
makes a written request that the medical requirements of this section shall not apply 2023 for military activities of the De-
quality assurance record of the Department to any medical quality assurance record of partment of Defense, for military con-
or testimony be provided for a purpose au- the Department that is created by or for the struction, and for defense activities of
thorized by law. Coast Guard as part of a medical quality as- the Department of Energy, to prescribe
‘‘(G) In an administrative or judicial pro- surance program.’’.
military personnel strengths for such
ceeding commenced by a criminal or civil SEC. 5204. PORTABILITY OF LICENSURE.
law enforcement agency or instrumentality fiscal year, and for other purposes;
(a) TRANSFER.—Section 16005 of the CARES
described in subparagraph (F), but only with Act (6 U.S.C. 320 note) is redesignated as sec- which was ordered to lie on the table;
respect to the subject of the proceeding. tion 2306 of the Homeland Security Act of as follows:
‘‘(2) PERSONALLY IDENTIFIABLE INFORMA- 2002 and transferred so as to appear after sec- At the appropriate place, insert the fol-
TION.— tion 2305, as added by section 5203 of this di- lowing:
‘‘(A) IN GENERAL.—With the exception of vision. SEC. lllll. FAIRNESS FOR 9/11 FAMILIES.
the subject of a quality assurance action, (b) REPEAL.—Section 2306 of the Homeland (a) IN GENERAL.—Section 404(d)(4)(C) of the
personally identifiable information of any Security Act of 2002, as so redesignated by Justice for United States Victims of State
person receiving health care services from subsection (a), is amended by striking sub- Sponsored Terrorism Act (34 U.S.C.
the Department or of any other person asso- section (c). 20144(d)(4)(C)) is amended by adding at the
ciated with the Department for purposes of a SEC. 5205. TECHNICAL AND CONFORMING end the following:
medical quality assurance program that is AMENDMENTS. ‘‘(iv) AUTHORIZATION.—
disclosed in a medical quality assurance The Homeland Security Act of 2002 (6 ‘‘(I) IN GENERAL.—The Special Master shall
record of the Department shall be deleted U.S.C. 101 et seq.) is amended— authorize lump sum catch-up payments in
from that record before any disclosure of the (1) in the table of contents in section 1(b) amounts equal to the amounts described in
record is made outside the Department. (Public Law 107–296; 116 Stat. 2135)— subclauses (I), (II), and (III) of clause (iii).
‘‘(B) APPLICATION.—The requirement under (A) by striking the items relating to sec- ‘‘(II) APPROPRIATIONS.—
subparagraph (A) shall not apply to the re- tions 528 and 529 and inserting the following: ‘‘(aa) IN GENERAL.—There are authorized to
lease of information that is permissible ‘‘Sec. 528. Transfer of equipment during a be appropriated and there are appropriated
under section 552a of title 5, United States public health emergency.’’; to the Fund such sums as are necessary to
Code (commonly known as the ‘Privacy Act (B) by striking the items relating to sec- carry out this clause, to remain available
of 1974’). tions 710, 711, 712, and 713 and inserting the until expended.
‘‘(e) DISCLOSURE FOR CERTAIN PURPOSES.— ‘‘(bb) LIMITATION.—Amounts appropriated
following:
Nothing in this section shall be construed— pursuant to item (aa) may not be used for a
‘‘(1) to authorize or require the with- ‘‘Sec. 710. Employee engagement.
purpose other than to make lump sum catch-
holding from any person or entity aggregate ‘‘Sec. 711. Annual employee award program.
up payments under this clause.’’.
statistical information regarding the results ‘‘Sec. 712. Acquisition professional career (b) EMERGENCY DESIGNATION.—
of medical quality assurance programs; or program.’’; (1) IN GENERAL.—The amounts provided
‘‘(2) to authorize the withholding of any (C) by inserting after the item relating to under the amendments made by subsection
medical quality assurance record of the De- section 1928 the following: (a) are designated as an emergency require-
partment from a committee of either House ‘‘Sec. 1929. Accountability.’’; ment pursuant to section 4(g) of the Statu-
of Congress, any joint committee of Con- (D) by striking the items relating to sub- tory Pay-As-You-Go Act of 2010 (2 U.S.C.
gress, or the Comptroller General of the title C of title XIX and sections 1931 and 1932; 933(g)).
United States if the record pertains to any and (2) DESIGNATION IN THE SENATE AND THE
matter within their respective jurisdictions. (E) by adding at the end the following: HOUSE.—The amendments made by sub-
‘‘(f) PROHIBITION ON DISCLOSURE OF INFOR- ‘‘TITLE XXIII—OFFICE OF HEALTH section (a) are designated as an emergency
MATION, RECORD, OR TESTIMONY.—A person or SECURITY requirement pursuant to subsections (a) and
entity having possession of or access to a (b) of section 4001 of S. Con. Res. 14 (117th
medical quality assurance record of the De- ‘‘Sec. 2301. Office of Health Security.
‘‘Sec. 2302. Workforce health and safety. Congress), the concurrent resolution on the
partment or testimony described in this sec- budget for fiscal year 2022.
tion may not disclose the contents of the ‘‘Sec. 2303. Coordination of Department of
Homeland Security efforts re- (c) RESCISSION.—Of the unobligated bal-
record or testimony in any manner or for ances of amounts made available under the
any purpose except as provided in this sec- lated to food, agriculture, and
veterinary defense against ter- heading ‘‘Small Business Administration—
tion. Business Loans Program Account, CARES
‘‘(g) EXEMPTION FROM FREEDOM OF INFOR- rorism.
‘‘Sec. 2304. Medical countermeasures. Act’’, for carrying out paragraphs (36) and
MATION ACT.—A medical quality assurance
‘‘Sec. 2305. Confidentiality of medical qual- (37) of section 7(a) of the Small Business Act
record of the Department shall be exempt
dlhill on DSK120RN23PROD with SENATE
ity assurance records. (15 U.S.C. 636(a)), $2,982,000,000 are hereby re-
from disclosure under section 552(b)(3) of
‘‘Sec. 2306. Portability of licensure.’’; scinded.
title 5, United States Code (commonly
known as the ‘Freedom of Information Act’). (2) by redesignating section 529 (6 U.S.C.
‘‘(h) LIMITATION ON CIVIL LIABILITY.—A per- 321r) as section 528; SA 6349. Mr. CASEY (for himself and
son who participates in the review or cre- (3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by Mr. CASSIDY) submitted an amendment
ation of, or provides information to a person striking ‘‘section 711(a)’’ and inserting ‘‘sec- intended to be proposed to amendment
or body that reviews or creates, a medical tion 710(a))’’; SA 5499 submitted by Mr. REED (for
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